BOARD DATE:	  22 April 2014

		DOCKET NUMBER:  AR20130014846 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his deployment to Afghanistan and all of his authorized awards.

2.  The applicant states that his DD Form 214 does not reflect his deployment to Afghanistan and all of his authorized awards.

3.  The applicant provides copies of his DD Form 214, Noncommissioned Officer Evaluation Report (NCOER), Citation for a Joint Meritorious Unit Award (JMUA) along with a roster of participants and authorization letters, a list of awards showing that the applicant’s unit was awarded the Presidential Unit Citation for the period 4 October 2001 – 15 March 2002, and authorization for wear of the Jordanian Parachutist Badge.  

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 16 August 1989 for a period of 4 years, training as a wheel vehicle mechanic, airborne training and a cash enlistment bonus.  He completed his one-station unit training at Fort Leonard Wood, Missouri and his airborne training at Fort Benning, Georgia and was assigned to Fort Bragg, North Carolina for his first assignment.  He was promoted to the pay grade of E-5 on 1 March 1993.

3.  On 25 September 1995, he was transferred to Korea where he remained until 27 September 1999 (4 years and 4 days) when he was transferred to Fort Campbell, Kentucky for assignment to Company D, 2nd Battalion, 5th Special Forces Group.

4.  The applicant deployed to Afghanistan with his unit in support of Joint Special Operations Task Force – DAGGER during the period 20011102 – 20020205, a period of 3 months and 3 days. 

5.  On 20 September 2002, the applicant was honorably discharged due to completion of required service.  He had served 13 years, 1 month, and 5 days of active service and his DD Form 214 shows that he served 4 years and 3 days of foreign service in item 12f (Foreign Service).  It also shows he was awarded the Army Achievement Medal (5th Award), Army Good Conduct Medal (4th Award), National Defense Service Medal (2nd Award), Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Driver and Mechanic Badge, and the Honduran Jump Wings.

6.  The documents submitted by the applicant show that his unit was awarded the JMUA and the PUC during the period he served with the unit.  He also provides an authorization to wear the Jordanian Parachutist Badge.

7.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.  


8.  Army Regulation 600-8-22 states the Afghanistan Campaign Medal is awarded to members who have served in direct support of Operation Enduring Freedom (OEF).  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land area.  The period of eligibility is on or after 11 September 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated Afghanistan campaigns are:

* Liberation of Afghanistan (11 September 2001-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)

9.  Army Regulation 600-8-22 states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparation of the DD Form 214.

	a.  For item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.

	b.  For item 18 (Remarks) for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions that his foreign service in Afghanistan should be reflected on his DD Form 214 along with all of his authorized awards has been noted and found to have merit.

2.  The applicant served in Afghanistan during the period 20011102 – 20020205 for a period of 3 months and 3 days of foreign service and is entitled to have that information reflected on his DD Form 214. 
 
3.  His unit was awarded the JMUA and the PUC during his period of service.  As such, he is entitled to have those awards added to his DD Form 214.
4.  The applicant was also awarded the Jordanian Parachutist Badge with proper authorization to wear that badge.  Accordingly, it should be added to his DD Form 214.

5.  He also served during a qualifying period for awards of the GWOTSM, Afghanistan Campaign Medal with two bronze service stars, and the KDSM.  Accordingly, these awards should be added to his DD Form 214.

BOARD VOTE:

___X_____  __X______  __X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting the entry “0004  00  03” from item 12f of his DD Form 214
* adding the entry “0004  03  07” to item 12f of his DD Form 214
* adding the awards of the JMUA, PUC, Jordanian Parachutist Badge, GWOTSM, Afghanistan Campaign Medal with two bronze service stars, and the KDSM to his DD Form 214
* adding the entry “Service in Afghanistan 20011102 – 20020205” to item 18 of his DD Form 214




      __________X_______________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20130014846





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ABCMR Record of Proceedings (cont)                                         AR20130014846



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